Louisville & Nashville Railroad v. Franklin

Opinion op the Court by

Judge Settle.

Affirming in part and reversing'in part.

These two actions, in one of which the appellees, J. W. Franklin, and twelve others'are plaintiffs and in the other the appellees, J. -W, Stodghill, and ten others are plaintiffs, were brought in equity against the appellant, Louisville & Nashville Railroad Company, to compel the abatement, by a mandatory injunction, of an alleged nuisance created and maintained by the latter, the petition in each case alleging, in substance, that the appellees are the owners and in the actual possession of certain several tracts of…